IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

286 Date of decision: July 03, 2025 GURNAM SINGH .....Petitioner Versus CENTRAL BUREAU OF INVESTIGATION .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present: Mr. P.S. Ahluwalia, Advocate for Ms. Bhavi Kapoor, Advocate for the petitioner.

Mr. Akashdeep Singh, Spl. P.P., CBI.

Mr. R.S. Bains, Sr.Advocate (through VC) with Mr. M.S. Chauhan, Advocate and Mr. S.S. Cheema, Advocate for the complainant.

MANJARI NEHRU KAUL, J.

1. The instant petition has been filed under Section 528 of the Bharatiya Nyaya Sanhita, 2023 for scoring off the re-examination dated 23.04.2025 (Annexure P-12) conducted in case FIR No.15(S)/97- CBI/ACB/Chandigarh dated 06.03.1997 (Annexure P-1), registered at Police Station CBI/ACB, Chandigarh for offences punishable under Sections 364 and 34 of the Indian Penal Code, 1860.

2. Learned counsel for the petitioner contends that the re- impermissible and contrary to the settled principles governing re- examination under Section 138 of the Indian Evidence Act. It is submitted that during cross-examination, the witness unequivocally admitted that in his earlier statement recorded under Section 161 Cr.P.C. o